Curtilage

The enclosed space immediately surrounding a dwelling-house, contained within the same enclosure. It is defined by Blount as a yard, backside, or piece of ground near a dwelling-house, in 'which they sow beans, etc., yet distinct from the garden. of a small piece of land around a dwelling-house, usually including the buildings occupied in connection with the dwelling-house, the enclosure consisting either of a separate fence or partly of a fence and partly of the exterior of buildings so within this enclosure." Com. v. Barney, 10 Cush. (.'■' 480. It usually Includes the yard, garden, or field which is near to and used i: Ith the dwelling. Cook v. State, 83 Ala. C2, 3 South. 849, 3 Am. St. Rep. 688. See Ivey v. State, CI A!;i The term is used in determining whether the offence of breaking into a barn or v. burglary. See 4 Bla. Com. 224; 1 Hale PI. Cr. 558; 2 Russell, Cr. 13; Russ. & R. 289; 1 C. & K. 84. In Michigan the meaning of curtilage ha 1 to include more than an enclosure near the house. People v. Taylor, 2 Mich. 230. See Coddington v. Dry Dock & Wet Dock Co., 31 N. J. U 4S5; State v. Shaw, 31 Me. 523.